@Chuck…this isn’t that clear-cut. You are correct that infringement is stealing. However, the home brewing group must prove that Strange Brewing Company creates confusion in using a similar name.

If the suit moves forward, a “likelihood of confusion” analysis will be done. Courts will often look at a number of factors in determining whether there is a likelihood of confusion. These factors include, among others:

1. Strength of the mark;
2. Proximity of the goods;
3. Similarity of the marks;
4. Evidence of actual confusion;
5. Marketing channels used;
6. Type of goods and the degree of care likely to be exercised by the purchaser;
7. Defendant’s intent in selecting the mark; and
8. Likelihood of expansion of the product lines.

@forcollinsjunto…though i agree that these matters are never clear cut. Strange Brew (the homebre supply store) has already stated that it experienced a disruption in credit from venders as they had confused the two accounts(posted in an earlier article on this site)…I would love to see these two work it out outside of a court room, but it seems Strange Brewing may need to make some concessions.

I have been a customer at Strange Brew a few years ago when my schedule allowed for more homebrewing. They treated me well, and I special-ordered XL DME @ 5 kg in a box, twice, and have bought various other supplies but due to work circumstances I haven’t been there for about 5 years. I used to get catalogs from them before the internet really took off, and I SWEAR they had another name before this one, but I can’t recall it. I also thought they had a business association with a distributor or family member or friend in Sturbridge MA; I think at one point they expanded apart and changed names at that point. I love all micro-brewing everywhere, don’t know the CO operation, but the MA one is a nice place with nice people who grew the business to move out of downtown, into a nice strip mall location. But WHAT WAS THE OLD NAME, before Strange Brew? There WAS one. Incidentally, it hasn’t escaped me that they certainly copied a dancing bear image and a song title already popular among exactly the same kind of people with whom craft brewing is popular. The MA store has used the name a longer time, but it is NOT the first name they have had. I just can’t remember, so that’s because it has been a while!